Why filing a will is important A Will is perhaps the most significant legal document, keeping your assets distributed according to your plan after your demise. Even though Will registration is not mandatory under law in India, such registration provides an additional veil of authenticity and minimizes the likelihood of disputes in court. An unregistered Will is valid provided that it is validly signed and executed in the presence of two witnesses, but registration is more legally backed and against claims of forgery or coercion.
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Benefits of a registered Will Registration of a Will ensures it is safely kept with the registrar's office and cannot be tampered with. It also ensures its authenticity is easier to prove, which can be crucial in case of a disagreement among legal heirs. The second benefit is that when registered, the Will is part of official documents with no ambiguous trail of your will. It helps in reducing family feuds and opportunities for further legal battles over inheritance.
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Possible negatives and considerations While it has its advantages, registration of a Will may not be suitable for everyone. Some individuals may wish to keep their testamentary wishes private, and registration makes it public records, at least in the office of the registrar. Registration also calls upon the testator to appear in person before the registrar, which may be inconvenient for the elderly and the ill. These drawbacks are generally outweighed by the security and enforceability in law which registration provides.
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How to register a Will Registration of a Will is very easy. The testator must go to the sub-registrar's office in his locality with the original Will, along with witnesses. The testator and witnesses are identified by the registrar, then the Will is registered and the same is maintained in safe custody. What is important is that a registered Will can be changed or revoked at any time during the lifetime of the testator with complete freedom, but with legal security.
Deciding on what is right for your legacy Ultimately, whether or not to register a Will is a personal matter. For those with numerous beneficiaries, complicated property, or high potential for disagreements, registration is strongly advisable. For others with simple inheritance arrangements and stable family relationships, an unregistered but well-executed Will can work just as well. Whatever the decision, the most important thing is that a Will should exist, be well written, and accurately convey your wishes to provide for your family's financial future.
